SC to Seek Explanation From Greater Noida Magistrate Over Notice to Student
CJI Surya Kant questions how an executive magistrate issued the notice despite the Supreme Court's earlier direction against penal action involving students.
NEW DELHI, Sep 9: The Supreme Court on Wednesday said it would seek an explanation from the Greater Noida executive magistrate over a notice issued to a student for allegedly participating in a CJP led protest at Delhi’s Jantar Mantar.
Chief Justice of India Surya Kant questioned the authority of the executive magistrate to issue the notice when the apex court had earlier directed that no penal action be taken against students.
The matter was mentioned before a three-judge bench headed by CJI Kant. The lawyer appearing in the case alleged that students were being subjected to an “experiment” and pointed out that the notice, which was subsequently withdrawn, was inconsistent with the Supreme Court’s earlier order.
“You are absolutely right. There is no question of taking action against our youth. We have passed a clear order,” the CJI said.
“We are surprised. How can the magistrate issue a notice when we have already annulled… No penal action against any student. It was a clear-cut order,” he added.
CJI Kant directed the lawyer to place the relevant facts on record and said the court would seek an explanation from the magistrate.
“Let him explain,” the CJI said.
The bench also comprised Justices Joymalya Bagchi and V Mohana.
The controversy relates to a student of Gautam Buddha University who was allegedly present at the CJP-led protest at Jantar Mantar. According to officials, the Greater Noida Executive Magistrate issued him a notice seeking a personal bond of Rs 5 lakh to ensure maintenance of peace. The order was later revoked.
The student, Akshat Tripathi, denied the allegations, saying he had participated in the demonstration peacefully and was not attending university classes at the time.
The notice was issued on September 4 under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Supreme Court’s intervention comes amid concerns over action taken by authorities against students in connection with their participation in protests, with the bench reiterating that its earlier directions must be followed.
